Third Circuit requires written notice as a condition precendent for Carmack amendment cargo claim
By William D. Brejcha
Energy, Utilities, Telecommunications, and Transportation,
May 2006
In S & H Hardware & Supply Co. v. Yellow Transportation, Inc., 432 F.3d 550 (3rd Cir., 12/19/05), the U.S. Court of Appeals for the Third Circuit rejected a Carmack Amendment cargo loss and damage claim brought under 49 U.S.C. §14706 because the claimant did not file a written notice of loss or damage within nine months of the delivery date.
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